MRNF and Minister for Immigration, Citizenship and Multicultural Affairs (Migration)

This matter concerned an application for review before the Administrative Appeals Tribunal (AAT) of a delegate's decision not to revoke the mandatory cancellation of the applicant's Class TY Subclass 444 Special Category (Temporary) visa. The applicant, a citizen of New Zealand, had his visa cancelled due to failing to pass the character test, specifically by reason of a substantial criminal record.

The primary legal issue before the Tribunal was whether there was "another reason" to revoke the visa cancellation decision, as contemplated by section 501CA(4) of the *Migration Act 1958* (Cth). This required the Tribunal to consider the applicant's circumstances in light of Ministerial Direction No. 99, which provides guidance on the exercise of the power to revoke a mandatory visa cancellation.

The Tribunal found that the delegate had erred in failing to adequately consider the applicant's personal circumstances and the best interests of his children, which were relevant considerations under Ministerial Direction No. 99. The Tribunal applied the principles established in cases such as *Marzano v Minister for Immigration and Border Protection*, which confirm that the power to revoke a cancellation under section 501CA(4) is engaged when a decision-maker is satisfied that such "another reason" exists. The Tribunal concluded that the applicant's circumstances, when weighed against the grounds for cancellation, constituted another reason to revoke the cancellation.

Consequently, the Tribunal set aside the delegate's non-revocation decision and substituted it with a decision to revoke the cancellation of the applicant's visa.